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Flashcards in Uses of Force Deck (7)
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1
Q

Crimea

A

Russia annexed Crimea, part of Ukranian territory, in 2014
Russia has been hit with broad range of (non-UN) sanctions. Was suspended from G8
UN General Assembly (which has no veto) passed a non-binding resolution reaffirming territorial sovereignty of Ukraine and denying legal basis of referendum (68/262)
Note that General Assembly resolutions aren’t binding. Security Council resolutions are, but Russia, as a permanent state, has the power to veto Security Council resolutions.

2
Q

Syria

A

No humanitarian intervention provision in UN Charter. How do we justify it outwith the Charter-based system?
Uk Parliamentary vote on humanitarian intervention lost vote in August 2013
SC called upon Member States with capacity to do so to take all necessary measures (shorthand for Chapter VII Article 42 authorisation) on ISIL/ Da’esh territory in Syria and Iraq- SC Rs 2249 (2015)
February 2016, UNSC adopted SCR 2268 that endorsed previously brokered US-Russia deal on an end to hostilities

3
Q

Libya

A

UN SC passed Resolution 1973 under Chapter VII authorising “all necessary measures”, two days later NATO intervention under Resolution 1973
Was the mandate overstepped?

4
Q

Iraq 2003

A

SC Res 1441- affords Iraq “one final opportunity to comply”- - use of force not authorised
SC Res 1546 noted presence of MNF in Iraq with consent of the newly formed government
US/UK argued ceasefire conditions breach revived SC 678
Self-defence argument but no pre-emptive self-defence under UN Charter.

5
Q

Afghanistan 2001: Operation Enduring Freedom

A

US leads “coalition of the willing” against Afghanistan, who they believed were sheltering Al Qaida post 9/11.
SC Res 1368- SC recognised inherent right of individual or collective self-defence, unequivocally condemned terrorist attacks and regarded such acts as “international terrorism” as threat to “international peace and security”
SC Res 1373- “need to combat by all means.. threats to international peace and security caused by terrorist acts” - didn’t state “all necessary means” so no SC authorisation of use of force.

6
Q

Kosovo

A

Humanitarian abuses on ethnic Albanians.
NATO military action without SC authorisation but SC Res 1244 “welcomed” the political situation in Kosovo post-military-action and established UNMIK- post-facto legitimises and legalises the military action
B. Simma holds that the Rule of Law should be sacrificed under compassionate grounds. He believes it was ethically justified but contrary to international law.

7
Q

R2P

A

Kofi Annan- how we should respond to gross and systematic violation of human rights if humanitarian Intervention is unacceptable assault on sovereignty?
2001 position is that sovereignty entails right to control but also responsibility to protect people within its borders. Where states are unable/unwilling to protect, the responsibility shifts to the international community.

Security Council referenced R2P (Responsibility to Protect) in 2011 Libya resolution. R2P shows how Sc views its rold BUT can’t be used outwith framework of Articles 2(4) and 51 to justify a unilateral use of force.